behind us on burrit alley. commissioner meko: people's houses, apartments, s.r.o. rooms, anything where people live on a permanent building. >> those buildings reside on bush with no adjoining walls. all of our adjoining walls are either on stockton or sutter. commissioner meko: o.k. and where was your application posted? >> it was posted on stockton, immediately on street level. commissioner meko: at the main entrance? >> that's correct. commissioner meko: so it was posted in a place that would be readily visible to any residents of the neighborhood? >> yes, sir. commissioner meko: did you get the handout that the entertainment commission provides regarding neighborhood outreach? >> yes, sir. commissioner meko: did you read the recommendations that it would be a good idea to invite

residents in the area to a meeting? and did such a meeting take place? >> no, sir, it did not. i just spoke with the adjoining businesses. commissioner meko: that's sort of selective to just reach out to the commercial properties that are not open and not, you know, subject to, you know, the nuisances that could result from this. so we're lacking an important piece of information as to what the neighbors think about this. >> i will certainly acknowledge that. i do think that the noifs notice was very clearly posted and we did have a few events that would serve as trials without any complaints coming either to the property or the entertainment commission. commissioner meko: but you chose

to disregard the recommendations that you should have some more neighborhood outreach. >> the recommendation to send letters? we contacted all the businesses in our vicinity. i don't know that we have the addresses. commissioner meko: i just read this. this is a handout that you get from the entertainment commission when you go in to get your paper work to apply for a permit. it's called the preapplication process. and it's got some recommendations as to what you should do prior to filing your application because the benefit of this is that if you go through this process, you may learn things that can inform the way you -- you plan your business model, but if you don't go through that process, you don't know. >> we'd be happy to have outreach meetings going forward.

>> and moving forward from the letter, i felt that that's what i was covering by going to each of the businesses that would have been been within an ear shot of our establishment. it certainly was by no means an intentional disregard. all of the addresses that were anywhere within what would be considered ear shot of 417 stockton, you know, i invited feedback. president newlin: any questions? >> will you be selling tickets to the events that you hold? >> no, sir. >> one of the conditions imposed by the board discussed with you by the police department was at least 60% of the patrons shall be able to sit during performances. can you explain how that's going to manifest itself? >> yes, sir. we have quite a bit of available tables, chairs, et cetera, as part of sort of traditional hotel banquet equipment that

during each and every evening the intention would be to line the walls with banquet tables, chairs. >> it says occupancy is 277 standing so with the tables and chairs, what would you envision your occupancy actually being? i know it's not our responsibility to, you i don't expect us to hit that capacity. there are quite a few lounge chairs, a lot of seeding in the room. we are happy with the conditions.

>> when the police department. -- the police department, is our anything you want to address? >> we recommend approval as you all see with the conditions that have been provided. where we stand are the conditions provided and we recommend approval. >> ok, thank you. >> i want to respond to the comments regarding loitering. we do have more contemporary loitering language. you can accept or reject it. currently, our new this condition is as follows,

loitering as defined by standing about idly and lingering endlessly without a corporate business. -- without appropriate business. i don't know if this would clarify the smoking issue. people have to be able to smoke somewhere. >> is there any public comment? seeing none, commissioners. >> i move to approve the permit with amendment. item number 8 under police

recommendation. >> i second met. >> second. >> discussion. >> looking at the police conditions, i am concerned about the scope of the conditions regarding interior lighting, food availability, lighting. this goes to areas that we seldom condition entertainment permits. i am asking my fellow commissioners, are you at all concerned and we did it you want to include the police recommendations with the minor amendments.

>> i would like to propose unfriendly amendment that police condition three is reflecting what was just read as loitering. i have no problem with the lighting part but i think that the food is beyond our scope. >> this is clearly another issue. >> we should strike six. my friendly amendment is to strike six and amend 3. if the inspector would be so kind to forward that to staff.

>> this is in the code. >> an entertainment permit, food, drink? >> this is to find as the supervisor and or drink. i'd change my amendment to only include the definition of loitering because we have to do the food thing. >> well, they will be serving alcohol.

>> i under stand that you except number 1 and 80. you want to change conditions 3 to be amended with the language -- to get there. you are accepting of condition numberfour and five. number 6 and 7 are now in question and i need some clarity as to whether those are included in new york motion. these are the conditions that are relevant to how much food is served and how it is available on the premises. this is a question to staff.

this is not something that we can come to terms with in compliance with. >> my friendly amendment is to change numberthree and to delete 6 and 7. >> the measure is to delete 6 and 7. >> yes. >> this was required before the full menu. >> that is what you are going to do. >> ok, so we have an amendment on the floor. >> the only reason that i believe the officer put that in there is to strengthen the conditions. obviously, we would call the

inspector to assist us. that strengthens the entertainment permit. >> we have a motion with a friendly amendment. do we have a second? >> second. i hope that this will pass the commission. >> aye. >> aye. >> aye. >> aye. >> aye. >> aye. >> the next item, is oz.

>> applicants applied for a place of entertainment on november 23rd to add entertainment to a food service business. the applicant would like to provide live music between 4:00 and 7:30 p.m. and have music into the evening. this is a principally parted use. they've indicated approval with conditions in the application is here to answer any questions

that you have. >> you have a 41 the occupancy? >> yes, i do. >> i am curious. the cost of a deejay, will they have live bands. >> you don't have to pay them, they can pay for tips.

there is $30 or $60 per person. or we can offer them food and drinks. >> i know many musicians from the place i used to go before it and they would play for free a couple of times and they would charge me $20 or $40. >> where did you used to work? >> the jazz bestrode downtown. >> what did you do? >> i became a mentor. >> very good, thank you very

much. >> are there any other questions? okay, police department. >> i'm recommending approval with the conditions that we are able to have copies. >> ok, thank you. did you review the conditions? >> yes, i did. i don't want to run a club business. this is a restaurant. at -- i work in the financial district. after 8:00 or 9:00, this is a ghost town. i would like them to have some snacks maybe a couple of drinks.

they can have some fun with the live music and then they go home and they get ready for the next stage. one of the items that i would like to change is that i said that i would like some deejays not more than twice a month. some people would like to have a party, bring their friends, but in those circumstances i would like to have a deejay. 12:00 at night. also, i would like to have live music censuses less loud than deejays. i would like to have them once or twice a month this is the

only change i would like to make. >> i don't see anything restricting this. >> item number3, this restricted deejays, number one restricts amplification. >> commissioners. >> when you came in to get it done and your paperwork for the application, did you happen to get the hand out that the commission gave you regarding the process? >> yes. question is has never had contact, have you met with any local neighborhood associations or any group? and you answered no that i will

notify them through e-mail. >> what i did was from my abc license, the company provided me all of the services so i have the references. i have made the conditions and i wrote them a letter saying that i will have live music. i mailed them and they're happy to have this in the neighborhood. >> you mailed them a letter. >> yes, i did. >> do you have a copy of the letter? >> no, not with me. >> that would be nice.

>> are there any -- around your neighborhood? >> there is one tall building on bush street. they will not get affected no matter how much noise and make and tell this is a residential area close by. >> what powers are you currently offering with live music? i just went to your page and it says that you offered jazz and deejays. you are operating now, is that correct? >> we did not make any changes,

i did not know that i had have and entertainment license for live music and i had to pay to musicians. some of my friends were practicing and they told me that even though i'm not paying them, he was not sure ahead have a permit and he gave me the number. i did not make any changes. >> i've read the reviews. people seem like they are having

a great time. >> that would be fine. >> let me be clear, do you have a dj that performs in your place? how do you operate now? >> i did have a deejay. i had a teaching one time >> we want to change condition number 3 for not having a dj more than twice a month. is this an unlimited amount of time. >> again, i don't want to have a club business.

they would like for us to bring 40 people. >> did you want to leave it and limited. i don't want it to be amended. i do not want this to be a club. >> ok. >> [inaudible] >> about three months ago, the building inspectors and some other inspectors gave -- came and they wanted to inspect the place.

some special people are living there and the government is paying for them. one of the reviews said that this place will have live music and jamming every night. is this incorrect? >> my friends made the comment. i had a drum set. people come by and they hear music and may ask me if we will

have some. i say that this is on condition of the permit. >> hours of operation, obviously these are relatively restrictive. do you have ours that you would like to have with respect to music? >> between 4:00 p.m. until 730 and on saturday and sunday during lunchtime, 930 until 1 in the afternoon unless i get a

special request. >> i guessed the hours are ok. >> somewhat like between the hours of 8:00 p.m. and 12th. i told him i cannot do this because i don't have a license. >> since you have limited capacity, maybe anyone can perform. what will you do when there's a lot of people attracted to come and a line of sight. >> if i become that popular, i

have room to expand. i have an extra room and a basement. for now, i'm not that popular. i will come and try to get a permit for that. for now, again, my kitchen is very small. we don't want to use too much money. >> if you feel you have a need to expand into your basement or anywhere else, do not and do it unless you get a permit. >> of course. >> expanding in the basement doesn't leave a room. >> i will not do anything without a permit. that is why i am here.

>> are there any more submit the -- are there any more questions? >> i would like to move to prove. i think with our standard conditions with no music before 9:00 in the morning. >> if i can make a friendly amendment. the >> we would like to have

this be four times a month. >> my motion is to not do the police conditions, they are redundant two hours -- to hours. >> if i can ask for the president to possibly request and said can't on commissioner joseph's an initial motion. >> i would like to second the motion. b